I work for a very large employer in Arkansas. If I miss a day of work or more I am required to have the doctor not only say the dates I'm to be excused, but to also supply a diagnosis as to the reason I went to see him. Now if it was the flu etc. I would still say this is a breach of my privacy rights. But legally where does this stand? Can my employer require me to disclose the nature of my illness. Does the medical privacy act cover such information. Can they just say too bad and fire me because of the missing diagnosis? The nature of the question is I got a stomach virus and missed 2 days work and I gave them a note that was returned to me the same day stating on a post-it note that it must contain the diagnosis. While this has been going on for years I was told by my doctor (whom isn't a lawyer) that this is illegal. What do you all think? thanks in advance.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
requirement for diagnosis on employer excuse notes
- Thread Starter rjyoung
- Start date
- Status
cbg
Super Moderator
You're right; your doctor is not a lawyer. And he is wrong.
The medical privacy law, HIPAA, relates to what information the doctor, hospital, health insurance carrier, etc., can RELEASE without your permission It does NOT prohibit the employer from asking.
Additionally, the employer needs enough information to determine whether or not FMLA or other protections apply. If you saw the doctor for a cold, that's not protected. If you saw the doctor for pneumonia, that very well might be. But they don't have to apply protections unless they have information that suggests that it might be required. They are NOT required to guess. So refusing your employer any medical information can result in your not receiving legal protections that might otherwise be available to you.
The medical privacy law, HIPAA, relates to what information the doctor, hospital, health insurance carrier, etc., can RELEASE without your permission It does NOT prohibit the employer from asking.
Additionally, the employer needs enough information to determine whether or not FMLA or other protections apply. If you saw the doctor for a cold, that's not protected. If you saw the doctor for pneumonia, that very well might be. But they don't have to apply protections unless they have information that suggests that it might be required. They are NOT required to guess. So refusing your employer any medical information can result in your not receiving legal protections that might otherwise be available to you.
Totally off-topic, but just curious...
Is it fairly standard to require a doctor's note for one sick day (or even two)?
My employer may request one for 3 consecutive days (by contract, and I know it makes a difference), but generally only asks if we're out for the entire week. Just wondering how lucky I should feel!
Is it fairly standard to require a doctor's note for one sick day (or even two)?
My employer may request one for 3 consecutive days (by contract, and I know it makes a difference), but generally only asks if we're out for the entire week. Just wondering how lucky I should feel!
well thank you very much for the info. It wasn't just for me many where I work have been asking the same question ,but never wanna make waves or even ask for that matter. Our HR isn't the friendliest person to talk to, so hence my appearance and question here. Again thank you for your time and effort.
From my experience notes yes are standard practice, but a diagnosis isn't at least from the point of view from several of the doctors I have seen for various ailments. I always get asked whom I work for because they say it is unusual to be asked for a diagnosis to be written on the note. Hence my question
cbg
Super Moderator
It is not particularly common for a note to be asked for, for one or two days but it is by no means unheard of either.
When an employer starts asking for doctor's notes for single day absences, that generally means that either the employee in question or the employee base as a whole has a history of questionable or downright fake absences that they are claiming as medical.
When an employer starts asking for doctor's notes for single day absences, that generally means that either the employee in question or the employee base as a whole has a history of questionable or downright fake absences that they are claiming as medical.
- Status
Share this page
